Section 34 in The Police Act, 1861

 

Section 34 in The Police Act, 1861

34. Punishment for certain offences on roads, etc

.Any person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the State Government, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment with or without hard labour not exceeding eight days; and it shall be lawful for any police officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:First Slaughtering cattle, furious riding, etc.Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle;SecondCruelty to animals .Any person who wantonly or cruelly beats, abuses or tortures any animal;ThirdObstructing passengers .Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public;FourthExposing goods for sale .Any person who exposes any goods for sale;FifthThrowing dirt into street .Any person who throws or lays down any dirt, filth rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dungheap or the like;SixthBeing found drunk or riotous .Any person who is found drunk or riotous or who is incapable of taking care of himself;SeventhIndecent exposure of person .Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose;EighthNeglect to protect dangerous places .Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.

[Bihar].In its application to the State of Bihar, in Section 34, for the word town, substitute local area.Bihar Act 34 of 1954, Section 2 (w.e.f. 14-11-1954).[Manipur].In its application to the State of Manipur,(1) In Section 34 of the Police Act, 1961, for the words not exceeding fifty rupees or to imprisonment with or without hard labour not exceeding eight days, substitute not exceeding five hundred rupees, or to imprisonment with or without hard labour not exceeding three months of an offence under clause sixthly and to a fine not exceeding fifty rupees, or to imprisonment with or without hard labour not exceeding eight days for the rest of the offence.Police (Manipur Second Amendment) Act, 1976), Section 2.(2) The proviso inserted by the Police (Manipur Second Amendment) Act, 1976, after clause eighth shall be omitted.Manipur Act 12 of 1977, Section 2 (w.e.f. 15-12-1977).[Punjab, Haryana and Chandigarh].In its application to the States of Punjab and Haryana and Union territory of Chandigarh, in Section 34, the words before a Magistrate shall be omitted.Punjab Act 25 of 1964, Section 2 and Sch. and Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).[Tamil Nadu].In its application to the State of Tamil Nadu, in Section 34, for the words on any road or in any open place or street or thoroughfare, substitute any public place.Tamil Nadu Acts 22 of 1955, Section 2 (w.e.f. 21-9-1955) and 14 of 1962, Section 2 and Sch..[Tripura].In its application to the State of Tripura, in Section 34, after clause eighth, insert the following clause, namely:NinthAny person who rides a bicycle without a bell at any hour of day or night, or without a light, during the hours indicated below, namely:(a) April to September:6.30 p.m. to 5 a.m.(b) October to March:5.30 p.m. to 5 a.m.Tripura Act 6 of 1965, Section 2.[Uttar Pradesh].In its application to the State of Uttar Pradesh, in Section 34,(i) the existing Section 34 shall be renumbered as Section 34(1);(ii) in sub-S. (1) as renumbered the words visitors shall be inserted between the words residents and or passengers and for the word section substitute sub-section;(iii) after sub-S. (1) as so renumbered add the following sub-sections, namely:(2) The State Government may, by notification in the Official Gazette, extend to any rural area specified in the notification the provisions of sub-section (1) and thereupon its provisions shall apply to such area as if it were a town to which the said sub-section had been specially extended.(3) The extension under sub-section (2) shall be for a specified period and in respect of all or any of the offences as may be specified.Uttar Pradesh Act 32 of 1952, Section 2 (w.e.f. 20-11-1952).

Sections 34-A to 34-E

[Manipur].In its application to the State of Manipur, after Section 34, insert the following sections, namely:34-A. Penalty for annoying females.Whoever with a view to annoying any female, wilfully and indecently exposes his person or any portion thereof, makes any gesture, utters any word or makes any other sound, in any office, street, public place or vehicle, in such manner as to be seen or heard by such female, whether or not from within any house or building, shall be punishable with fine which may extend to fifty rupees.34-B. Power to arrest.It shall be lawful for any police officer to take into custody, without a warrant any person who within his view commits the offence punishable under section 34-A.Manipur Act 1 of 1969, Section 2 (w.e.f. 24-2-1969).34-C. Prohibition of sale at a higher price of tickets once issued for admission to an entertainment.(1) For the purpose of preventing disorder or disturbance at or near any place where entertainment is held, the District Magistrate concerned may with the previous sanction of the State Government by orders (of which public notice shall be given), prohibit within a radius of one furlong from the place of entertainment the sale or the offer for sale of tickets once issued for admission as spectators to such entertainment at a price higher than the price at which such tickets were originally issued.(2) Whoever contravenes any order referred to in sub-section (1) shall be liable to imprisonment for a term which may extend to three months or to a fine which may extend to one hundred rupees or to both.(3) Any police officer not below the rank of sub-Inspector may arrest without warrant any person committing an offence punishable under this section.Explanation.In this section the expression the entertainment means any exhibition, performances, amusement, game or sport to which persons are admitted as spectators on production of tickets.Police (Manipur Second Amendment) Act, 1976, Section 3.[Orissa].In its application to the State of Orissa, after Section 34, insert the following section, namely:34-A. Punishment for unauthorised sale of tickets for admission to a place of entertainment.(1) Any person who sells or attempts to sell tickets for admission to place of entertainment, except under the orders of, and at the place provided and price fixed in this behalf by, the proprietor of the entertainment, shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.(2) If any person is convicted for any second or subsequent offence under sub-section (1), he shall be punishable with imprisonment for a term which shall not be less than twenty-one days but which may extend to one year and shall also be punishable with fine which may extend to one thousand rupees.(3) Any police officer not below the rank of Sub-Inspector may take into custody without warrant, any person who, within his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.(4) A Court trying an offence under sub-section (1) or under sub-section (2) may without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (3).Explanation.In this section,(a) entertainment means any exhibition, performance, amusement, game or sports to which persons are admitted on production of tickets; and(b) the expression proprietor in relation to any entertainment includes any person responsible for the management of such entertainment.Orissa Act 34 of 1976, Section 2 (w.e.f. 23-8-1976).[Pondicherry].In its application to the Union territory of Pondicherry,(i) after Section 34, insert the following sections, namely:34-A. Penalty for being found armed between sunset and sunrise intending to commit an offence.Whoever is found between sunset and sunrise(i) armed with any dangerous instrument with intent to commit an offence, or(ii) having his face covered or otherwise disguised with intent to commit an offence, or(iii) lying or loitering or squatting in any bazar, yard or public place and without being able to give a satisfactory account of himself, or(iv) in any dwelling-house, or other building, or on board any vessel or boat, without being able to account satisfactorily for his presence there, or(v) having in his possession, without lawful excuse any instrument of house-breaking, shall be punishable with imprisonment for a term which may extend to three months.34-B. Penalty for certain offences in public place.Whoever, in any public place,(i) drives, drags or pushes any vehicle at any time between half an hour after sunset and half an hour before sunrise without sufficient light;(ii) without reasonable cause, drives, drags or pushes any vehicle otherwise than in accordance with the rules of the road notified from time to time by the State Government, or fails to obey the directions of a police officer for the time being in charge of regulation of traffic;(iii) leads or rides any animal or drives, drags or pushes any vehicle upon any footway, or fastens any animal so that it can stand across or upon any footway;(iv) permits any cattle or vehicle to be under the control of a child under the age of twelve years;(v) conveys through the streets any article which projects more than five feet in front or behind the vehicle or vehicles on which it is placed;(vi) beats a drum or tom-tom, or blows a horn or trumpet or beats or sounds any brass or other instrument or utensil or plays any music or use any sound amplifier except at such time and place and subject to such conditions as may be specified in a licence issued in this behalf by the Inspector-General of Police or by any authority authorised in this behalf by him;(vii) without the consent of the owner or occupier, in any manner affixes or causes to be affixed any bill, notice, document, paper or other thing upon any place or any building, monument, statute, effigy, post, wall, fence, tree or other erection therein or in any manner disfigures, writes upon or otherwise marks, or causes to be defaced, disfigured, written upon, or otherwise marked any such public place or any such building, monument, statute, effigy, wall fence, post, tree or erection;(viii) begs or applies for alms, or exposes or exhibits any sore, wound, bodily ailment or deformity with the object of exciting charity or extorting alms;(ix) uses any indecent, threatening, abusive or insulting words or behaves in a threatening or insulting manner or posts up or affixes or exhibits any indecent, threatening, abusive or insulting paper or drawing with intent to provoke a breach of peace or whereby a breach of peace may be occasioned, shall be punishable with fine which may extend to fifty rupees or with imprisonment for a term which may extend to one month.Pondicherry Act 6 of 1966, Section 5 (w.e.f. 10-3-1966).(2) After Section 34-B, insert the following sections, namely:34-BB. Penalty for annoying females in public place or office.Whoever with a view to annoying any female, wilfully and indecently, exposes his person or any portion thereof, makes any gesture, utters any word, or makes any sound, intending that such person or portion thereof or gesture shall be seen or that such word or sound shall be heard by such female in any public place or office, whether such exposure, gesture, word or sound is made or uttered from within any house or building or not, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.Pondicherry Act 7 of 1968, Section 2 (w.e.f. 11-5-1968).34-C. Penalty for committing nuisance in public place.Whoever in or by the side of or near to any public place commits a nuisance by easing himself or passing urine, or whoever having the care or custody of any child under seven years of age omits to prevent such child committing a nuisance by easing himself or passing urine, shall be punishable with fine which may extend to five rupees.34-D. Penalty for lighting bonfire, burning straw, discharging fire-arm, etc., in or near any public place.(1) Whoever except at such times and places as the Inspector-General of Police or any person authorised in this behalf by him may allow, in or near any public place lights any bonfire, sets fire to or burns any straw or other matter, discharges any fire-arm or air-gun, lets off or discharges any firework, or sends up any fire balloon or permits such act to be done in premises over which he has control, shall be punishable with fine which may extend to fifty rupees.(2) In the event of any such act as is referred to in sub-section (1), being done within any private premises, the person having the immediate control of such premises shall be deemed to have permitted the act, unless he can prove that the act was committed without his knowledge.34-E. Penalty for drunkenness or riotous or indecent behaviour in public place.(1) Whoever is found drunk and incapable of taking care of himself or is guilty of any riotous, disorderly or indecent behaviour in any public place, in any place of public amusement, or on board any passenger boat or vessel, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees or with both.(2) Whoever is guilty of any violent disorderly or indecent behaviour in any police office or station shall be punishable with imprisonment for any term which may extend to one month or with fine which may extend to fifty rupees or with both.34-F. Pawn-brokers, etc., to report stolen property if tendered for pawn or sale.(1) Any officers of police may deliver to any pawn-broker, dealer in second hand property or worker in metals, a list of any property believed to have been stolen, and thereupon it shall be the duty of such pawn-broker, dealer or worker as aforesaid, upon any article answering the description of any of the property set forth in any such list, being offered him in pawn, for sale or otherwise, to inquire the name and address of the party offering such article, to seize and detain the article, and forthwith to communicate to the nearest police station, the fact of such article having been offered and such name and address as may be given by the party offering.(2) Any pawn-broker, dealer or worker who fails, without any reasonable excuse, to comply with the requirement of sub-section (1), shall be punishable with fine which may extend to fifty rupees for every such offence.(3) A pawn-broker, dealer or worker to whom any article as is referred to in sub-section (1) is offered may detain the person offering such article, pending the arrival of the police.Pondicherry Act 6 of 1966, Section 5 (w.e.f. 10-3-1966).34-G. Prohibition of sale of tickets for admission to an entertainment except under the orders of, and at the place provided and price fixed by the proprietor of the entertainment.(1) Whoever sells or attempts to sell tickets for admission to a place of entertainment, except under the order of, and at the place provided and price fixed in this behalf by, the proprietor of the entertainment, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both.(2) Any police officer who takes cognizance of any offence under sub-section (1) may seize any ticket in respect of which he is satisfied that any such offence has been committed.(3) A Court trying any offence punishable under sub-section (1) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).Explanation.In this section,(a) entertainment means any exhibition, performance, amusement, game or sport to which persons are admitted on production of tickets; and(b) proprietor in relation to any entertainment, includes any person responsible for the management of such entertainment.Regulation 2 of 1979, Section 2 (w.e.f. 9-4-1979).[Sikkim].In its application to the State of Sikkim, after Section 34, insert the following sections, namely:34-A. Power to prohibit, restrict, regulate or impose conditions on the use of microphones, etc.(1) If, in the opinion of theMagistrate of the district or Superintendent of Police of the district or Sub-Divisional Police Officer, it is necessary so to do for the purpose of preventing annoyance to, or injury to the health of, the public or any section thereof, or for the purpose of maintaining public peace and tranquillity, he may, by order, prohibit, restrict, regulate or impose conditions on the use or operation, in any area within his jurisdiction or in any vehicle within such area, of microphones, loudspeakers or other apparatus for amplifying human voice or for amplifying music or other sounds.(2) The State Government may, on its own motion or on the representation of any person or persons aggrieved, modify, alter or cancel any order made under sub-section (1).(3) A police officer, not below the rank of Sub-Inspector, may take such steps or use such force as may be reasonably necessary for securing compliance with any order made under sub-section (1) or any such order as modified or altered by the State Government under sub-section (2) and may seize any microphone, loudspeaker or other apparatus used or operated in contravention of the order.(4) A police officer, who seizes any microphone, loudspeaker or other apparatus under sub-section (3), may also at the same time seize any vehicle in which such microphone, loudspeaker or other apparatus is being carried or conveyed or is being kept at that time:Provided that any police officer of the police-station within the limits of which the vehicle is seized, not below the rank of Sub-Inspector, may release such vehicle on a bond for such sum not exceeding five hundred rupees as he deems reasonable being executed by the owner of the vehicle in favour of the State Government to produce the vehicle at the time of the investigation or the trial, and to surrender the vehicle, if directed to be forfeited under sub-section (5).(5) Any person who contravenes any order made by the Magistrate of the district or Superintendent of Police of the district or any Sub-Divisional Police Officer under sub-section (1) or any such order as modified or altered by the State Government under sub-section (2), shall, on conviction before a Magistrate, be liable to a fine which may extend to one hundred rupees and the Court trying an offence under this section may also direct the forfeiture of any microphone, loudspeaker or other apparatus seized under sub-section (3) or any vehicle seized under sub-section (4) or released under the proviso to that sub-section.(6) The provisions of this section shall be in addition to and not in derogation of the powers conferred by any other section of the Act.34-B. Power to prohibit sale of tickets for admission to an entertainment except under the orders and at the place provided and price fixed, etc.(1) Any person who sells or attempts to sell ticket for admission to a place of entertainment, except under the order of, and at the place provided for and price fixed in this behalf, by the proprietor of the entertainment shall on conviction before a Magistrate, be liable to imprisonment for a term which may extend to three months or fine which may extend to one hundred rupees or with both.(2) Any police officer not below the rank of Head-Constable may take into custody, without warrant, any person who, in his view, commits any offence punishable under sub-section (1) or seize any tickets in respect of which he is satisfied that any such offence has been committed.(3) A Court trying any offence punishable under sub-section (1) may, without prejudice to any other or further order or orders that may, in its opinion be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).Explanation.In this section(a) entertainment means any exhibition, performance, amusement, game or sport to which persons are admitted on production of ticket, and(b) the expression proprietor in relation to any entertainment includes any person responsible for the management of such entertainment.Sikkim Act 7 of 1980, Section 3 (w.e.f. 4-7-1980).[Tripura].In its application to the State of Tripura, after Section 34, insert the following sections, namely:34-A. Prohibition of sale of tickets for admission to an entertainment except under the orders of, and at the place provided and price fixed by, the proprietor of the entertainment.(1) Any person who sells or attempts to sell tickets for admission to a place of entertainment, except under the orders of, and at the place provided and price fixed in this behalf by, the proprietor of the entertainment, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding eight days or to a fine not exceeding fifty rupees.(2) Any police officer not below the rank of Sub-Inspector may take into custody, without a warrant any person who, within his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.(3) A Court trying an offence punishable under sub-section (1) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).Explanation.In this section(a) entertainment means any exhibition, performance, amusement, game or sport to which persons are admitted on production of tickets; and(b) the expression proprietor in relation to any entertainment includes any person responsible for the management of such entertainment.34-B. Offences under sections 32, 34 or 34-A to be compoundable.(1) An offence punishable under sections 32, 34 or 34-A may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the District Superintendent of Police or any person authorised in this behalf by him.(2) The composition of an offence under sub-section (1) shall have the effect of an acquittal of the accused with whom the offence has been compounded.Tripura[Uttar Pradesh] .In its application to the State of Uttar Pradesh, after Section 34, insert the following section, namely:34-A. Compounding of offences under sections 32 and 34.An offence punishable under section 32 or section 34 may, subject to any general or special order of the State Government in this behalf, be compounded by the District Superintendent of Police, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and when the offence is so compounded(i) before the institution of prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty;(ii) after the institution of the prosecution, the composition shall amount to acquittal of the offenders.Uttar Pradesh Acts 12 of 1957 and 35 of 1979, Section 5 (w.e.f. 18-12-1079).[West Bengal].In its application to the State of West Bengal, after Section 34, insert the following sections, namely:34-A. Power to prohibit, restrict, regulate or impose conditions on the use of microphones,etc.(1) If, in the opinion of the Magistrate of the district or any Sub-Divisional Magistrate, or Magistrate of the first class, it is necessary so to do for the purpose of preventing annoyance to, or injury to the health of, the public or any section thereof, or for the purpose of maintaining public peace and tranquillity, he may, by order, prohibit, restrict, regulate or impose conditions on the use or operation, in any area within his jurisdiction or in any vehicle within such area, of microphones, loudspeakers or other apparatus for amplifying human voice or for amplifying music or other sound.(2) The State Government may, on its own motion or on the representation of any person or persons aggrieved, modify, alter or cancel any order made under sub-section (1).(3) A police officer not below the rank of Sub-Inspector, may take such steps or use such force as may be reasonably necessary for securing compliance with any order made under sub-section (1) or any such order as modified or altered by the State Government under sub-section (2) and may seize any microphone, loudspeaker or other apparatus used or operated in contravention of the order.(4) A police officer, who seizes any microphone, loudspeaker or other apparatus under sub-section (3), may also at the same time seize any vehicle in which such microphone, loudspeaker or other apparatus is being carried or conveyed or is being kept at that time:Provided any police officer of the police-station within the limits of which the vehicle is seized, not below the rank of Sub-Inspector, may release such vehicle on a bond for such sum not exceeding five hundred rupees as he deems reasonable being executed by the owner of the vehicle in favour of the State Government to produce the vehicle at the time of the investigation or the trial, and to surrender the vehicle, if directed to be forfeited under sub-section (5).(5) Any person who contravenes any order made by the Magistrate of the district or any Sub-Divisional Magistrate or Magistrate of the first class under sub-section (1) or any such order as modified or altered by the State Government under sub-section (2) shall, on conviction before a Magistrate, be liable to a fine which may extend to one hundred rupees and the Court trying an offence under this section may also direct the forfeiture of any microphone, loudspeaker or other apparatus seized under sub-section (3) or any vehicle seized under sub-section (4) or released under the proviso to that sub-section.(6) The provisions of this section shall be in addition to and not in derogation of the powers conferred by any other section of this Act.West Bengal Act 38 of 1963, Section 5 (w.e.f. 3-2-1964).34-B. Prohibition of sale of tickets for admission to an entertainment except under the orders of, and at the place provided and price fixed by, the proprietor of the entertainment.(1) Any person who sells or attempts to sell tickets for admission to a place of entertainment, except under the orders of, and at the place provided and price fixed in this behalf by, the proprietor of the entertainment, shall, on conviction before a Magistrate, be liable to imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or to both.(2) Any police officer not below the rank of Sub-Inspector may take into custody, without warrant, any person who, within his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.(3) A Court trying any offence punishable under sub-section (1) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).Explanation.In this section(a) entertainment means any exhibition, performance, amusement, game or sport to which persons are admitted on production of tickets;and(b) the expression proprietor in relation to any entertainment includes any person responsible for the management of such entertainment.West Bengal Act 26 of 1964, Section 4 (w.e.f. 12-12-1964).